Vous êtes sur la page 1sur 1

Case No. 3 Kuroda vs.

Jalandoni, March 26, 1949

GR No. L – 2662

Shigenori Kuroda was the highest ranking Japanese officer stationed in the Philippines during
the Japanese occupation. He was then charged before the Military Commission, headed by Major
General Rafael Jalandoni, due to the atrocities that were done against the noncombatant civilians and
prisoners during the war. His trial was in pursuant to Executive Order No. 68 which established the
National War Crimes Office and prescribing rules and regulations governing the trial of accused war
criminals. Kuroda is questioning the legality of the said EO arguing that the same is not provided for in
the Constitution. He further underscores the fact that the Philippines is not a signatory of the Hague
Convention on the Rules and Regulations Covering Land Warfare, hence, the charge cannot be imposed
against him because there are no laws to base on, national or international.

Whether or not Kuroda can be charged in the Philippine courts.

Yes. EO No. 68 is constitutional, hence the Philippine courts can take cognizance of the case at
bar. Such order is in pursuant to the constitutional provision that states “the Philippines renounces war
as an instrument of national policy, and adopts the generally accepted principles of international law as
part of the law of nation.” It cannot be denied that the rules and regulations of the Hague and Geneva
Conventions form part of and are wholly based on such principles which are in fact, accepted by the two
belligerent nations of the United States and Japan who are signatories to the conventions. As such, they
form part of the laws of our nation even if the Philippines was not a signatory for our Constitution has
been deliberately general and extensive in its scope and is not confined to the recognition of rule and
principle of international law as contained in treaties to which our government may have been or shall
be a signatory.